Opinion
No. 2D14–5297.
2015-05-08
Sammy THORNTON, Appellant, v. STATE of Florida, Appellee.
Sammy Thornton, pro se.
Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Polk County; Roger A. Alcott, Judge.
Sammy Thornton, pro se.
LUCAS, Judge.
The post conviction court denied Sammy Thornton's untimely motion for extension of time to file an amended motion under Florida Rule of Criminal Procedure 3.850 and then summarily denied the untimely filed amended motion. We find no abuse of discretion on the part of the postconviction court and accordingly affirm. SeeFla. R. Crim. P. 3.850(f)(2) (“[I]f the defendant fails to file an amended motion within the time allowed for such amendment, the court, in its discretion, may permit the defendant an additional opportunity to amend the motion or may enter a final, appealable order summarily denying the motion with prejudice.”).
Affirmed.